Petition Seeks To Remove Kenya Railways Boss, Audit SGR Contracts

A petitioner has moved to court seeking the removal of Kenya Railways Managing Director Phillip Mainga, alleging he has overstayed his term, alongside a full audit of the Standard Gauge Railway contracts. The case names the Kenya Railways board, the Attorney General and the Transport Cabinet Secretary as respondents, with Mainga listed as an interested party.

Petitioner Wahome Mucunu argues that Mainga was appointed in 2018 and that state corporations typically hire their chief executives on short-term contracts, meaning the office of managing director is not meant to be occupied indefinitely. He contends Mainga's tenure ought to have lapsed in 2024.

Mucunu points to concerns raised over procurement and transparency at Kenya Railways, particularly around the SGR project. He cites a March 2026 assessment by Transparency International that reportedly assigned the project a corruption risk score of 4.9 out of 5.

According to the petition, the SGR project has generated sustained public debate over transparency, accountability, value for money, public participation, procurement practices and debt sustainability. Mucunu argues that Kenyans, as the ultimate financiers of the project through taxation and public borrowing, hold a legitimate constitutional interest in how it was conceived, procured, financed and implemented.

The petition further alleges that Transparency International found public institutions, including Kenya Railways, had repeatedly failed to provide information requested by accountability actors and researchers, with responses deemed insufficient to support effective public oversight.

Mucunu describes the managing director's office as the highest executive position within the corporation, carrying overall responsibility for its administration, management and operational control. He argues that questions raised by the public, civil society organisations, governance experts and accountability institutions over the corporation's major projects have never been adequately answered in a way capable of restoring public confidence.

Before Justice David Mburu, the petitioner is asking the court to find that Kenya Railways' failure to disclose details of the SGR contract violated the Constitution, and that Mainga should have left office last year. He is also seeking a ruling that the corporation's board violated the Constitution, an order compelling it to identify Mainga's successor, and a full audit of the SGR project contracts.